Almost a thousand complaints of trademark piracy in Peru as of September 2021

As digitization advances in our country, it is also observed that the cases of imitation, copying or falsification of registered trademarks increase. Thus, during 2020 there were 815 complaints of trademark rights infringement filed with Indecopi. Meanwhile, only between January and September 2021, this figure has already risen to 904.

ClarkeModet Peru, one of the 10 companies of ClarkeModet, the largest group specialized in industrial and intellectual property in Spanish and Portuguese-speaking countries, explains that one of the problems derived from digitization is the increase in trademark misuse infringements.

This is because the creators of new products or importers use brands and product names that belong to third parties, despite the fact that such use may take place in good faith and within the framework allowed by law, such as, for example, reselling on trading platforms. of a legitimately purchased product.

“A trademark infringement is committed when the rights of the owner are violated. When registering a trademark, the owner is the only one who has the exclusive right to use it, unless someone else has been granted a license to use it in exchange for a payment ”, explains José Marquis, specialist in intellectual property and patents from ClarkeModet Peru.

For the specialist, the types of products that currently represent the majority of these acts of infringement are linked to technology, such as computers, telephones, tablets and electronic watches, as well as various accessories and electronic games.

“During festivities, such as Christmas and National Holidays, there is usually a greater number of infractions, correlated with a temporary increase in imports and consumption,” he refers.

How to determine a trademark infringement?

One way to determine whether there is a trademark infringement is to observe whether its use on the packaging or even directly on the products causes confusion for consumers of the original products.

This will occur when the infringing trademark is the same or similar to the registered trademark and, furthermore, is used in commerce to identify identical or similar products or services to those protected by the trademark.

It should be noted that, for the offender, there may be legal consequences such as immobilization, withdrawal from the market or even total destruction of the offending products, significant administrative fines, compensation for damages. In addition to this, the violation of trademark rights can also constitute a crime that could be reported in criminal proceedings.

The data

• The arrival of COVID-19 drove the digital transformation in the world, causing electronic sales in our country to increase by 87% and it is expected that by 2025 it will grow by 110%.
• According to the Lima Chamber of Commerce, there are already 9 million Peruvians who buy through this modality.